What was the real reason?
Not the label. What facts did the employer actually rely on at the time?
NZ EMPLOYEE EMPLOYMENT LAW
Dismissed?
Work out what happens next.
Losing the job is one problem. Missing the evidence, the process or the personal-grievance clock can become another.
No Win No Fee for suitable matters
Employee-side
NZ-wide
FIRST 24 HOURS
Keep the case clean.
- Save the decision.Dismissal letter, proposal, warning, meeting invite and evidence.
- Write the timeline.Dates, meetings, allegations, responses and who said what.
- Do not sign in a rush.Especially resignation, settlement or exit documents.
- Watch the deadline.Most personal grievances need to be raised within 90 days.
90DAYS
Most personal grievances
12MONTHS
Sexual-harassment grievances
Raising the grievance is not the same as going to the ERA. Preserve the claim first; resolution can come afterwards.
How personal grievances work →START WITH THE EVENT
What happened at work?
You do not need to diagnose the legal claim before you ask for help. Start with the event that changed your employment.
01
I was dismissed
Misconduct, performance, incapacity, breakdown or another stated reason.
Unfair dismissal → 02My role was made redundant
Restructure, consultation, selection, redeployment and whether the role truly disappeared.
Redundancy → 03I have a meeting coming up
Allegations, evidence, representation, warnings and possible dismissal.
Disciplinary process → 04I am still employed, but worse off
Warnings, suspension, reduced hours, demotion, lost duties or other disadvantage.
Unjustified disadvantage → 05I feel forced to resign
Pressure, serious breaches, bullying or a workplace situation that may have become untenable.
Constructive dismissal → 06The money does not add up
Wages, notice, holiday pay, deductions and final pay after employment ends.
Pay problems →WHERE CASES TURN
Four questions expose most dismissal problems.
The argument is usually clearer when you separate the employer's reason from the way it made the decision.
What evidence was tested?
Was the investigation balanced, or did it simply collect material pointing one way?
Did your answer matter?
A fair process requires more than giving you a meeting and then ignoring what you said.
Was the outcome proportionate?
Even proven conduct does not automatically make dismissal the justified response.
THE USEFUL FILE
Send the documents that answer the case.
We do not need a hundred screenshots on day one. We need the material that shows what happened, when it happened and what the employer relied on.
Start the case form →- Employment agreementPlus any relevant policy, variation, trial or probation clause.
- Employer lettersProposal, invitation, warning, evidence and outcome.
- Key messagesEmail or text that actually changes the story.
- Short chronologyDates, meetings, allegations, responses and decisions.
- Pay recordsIf wage loss, final pay or holiday pay is part of the problem.
BEFORE YOU MAKE IT HARDER
Four things worth not doing in a rush.
Do not resign just to end the pressure.
If constructive dismissal may be in issue, the sequence before resignation can matter enormously.
Thinking of resigning? →Do not sign a settlement you have not unpacked.
Payment, tax, references, confidentiality and full-and-final wording all matter after the number is agreed.
Settlement agreements →Do not wait for the employer to finish everything.
An internal process does not necessarily stop the personal-grievance clock.
The 90-day rule →Do not assume a trial clause is automatically valid.
Prior work, signing date, clause wording and notice can be decisive.
Check a 90-day trial →PRACTICAL SITUATIONS
Search the situation, not just the legal label.
These guides answer the questions employees tend to type after something specific has happened. Each one links back to the broader law and claim process.
01
PRACTICAL GUIDE
02
Fired without a warning
Fired without a warning in New Zealand? Learn when warnings matter, when serious misconduct may justify dismissal, and what to check next.
Read the guide →PRACTICAL GUIDE
03
Dismissed by text or email
Dismissed by text message or email in NZ? The method alone is not the whole case. Check the reason, process, notice and what happened before the message arrived.
Read the guide →PRACTICAL GUIDE
04
Dismissed while sick or on ACC
Dismissed while sick or on ACC in New Zealand? Understand medical incapacity, fair process, medical evidence, rehabilitation and alternatives to dismissal.
Read the guide →PRACTICAL GUIDE
05
Told to resign or be fired
Told to resign or be fired in New Zealand? Understand constructive dismissal, pressure to resign, preserving evidence and what to do before signing anything.
Read the guide →PRACTICAL GUIDE
06
Redundancy consultation — how to respond
Facing a redundancy consultation in NZ? Learn what information to request, how to structure feedback, test the proposal and raise redeployment options.
Read the guide →PRACTICAL GUIDE
07
Dismissed during a 90-day trial
Dismissed during a 90-day trial in New Zealand? Check whether the trial clause was valid, notice was given correctly, and what claims may still remain.
Read the guide →PRACTICAL GUIDE
08
Dismissed for serious misconduct
Dismissed for serious misconduct in NZ? Check the evidence, investigation, your response, proportionality, notice and whether summary dismissal was justified.
Read the guide →PRACTICAL GUIDE
09
Dismissed during performance management
Dismissed after a PIP or performance process in NZ? Check expectations, support, warnings, assessment and whether you had a fair chance to improve.
Read the guide →PRACTICAL GUIDE
10
Suspended before dismissal
Suspended from work before dismissal in NZ? Check the reason, consultation, pay, duration, agreement terms and whether suspension became punishment.
Read the guide →PRACTICAL GUIDE
11
Redundancy selection criteria
Facing redundancy selection in NZ? Check the proposed criteria, scoring evidence, consultation, comparators, conflicts, results and redeployment process.
Read the guide →PRACTICAL GUIDE
12
Employer ignored my explanation
Employer ignored your explanation in a disciplinary process? Check predetermination, missing evidence, reinvestigation, preliminary views and final reasons.
Read the guide →PRACTICAL GUIDE
Final pay after dismissal
Checking final pay after dismissal in NZ? Review wages, notice, annual holidays, alternative holidays, public holidays, deductions and other amounts owing.
Read the guide →FULL EMPLOYMENT LAW GUIDE
Browse every Dismissed Kiwi topic.
All the core employee-side subjects in one place, organised around what has actually happened at work.
Job ended or may end
Problems while still employed
Claims, money and resolution
HOW A CLAIM MOVES
Get the sequence right.
Assess
Facts, documents, deadline, claim and realistic outcome.
Raise
Put the grievance or response clearly and preserve the position.
Negotiate
Test whether the matter can resolve without unnecessary escalation.
Mediation
Use a structured, confidential forum to try to settle.
ERA / Court
If it will not resolve, take the dispute where it needs to go.
DISMISSED KIWI
A separate employee-side guide, built for the point where work has gone wrong.
Dismissed Kiwi is operated by Win Kiwi Limited and focuses on employee workplace disputes throughout New Zealand. Suitable matters can be assessed for No Win No Fee representation.
The information here is general. The useful legal answer depends on the actual employment agreement, documents, dates and evidence in your case.
DISMISSED KIWI
Employment ended. Your options did not.
Employee-side employment advocacy. No Win No Fee for suitable matters.